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PRINTER'S NO. 837
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
796
Session of
2015
INTRODUCED BY SMITH, GREENLEAF, BREWSTER, VOGEL, BLAKE, COSTA,
TEPLITZ, WILEY, YUDICHAK, BAKER, HUGHES, VULAKOVICH, FARNESE,
TARTAGLIONE, RAFFERTY, WILLIAMS AND BROWNE, MAY 1, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 1, 2015
AN ACT
Providing for portability of professional and occupational
licenses for military spouses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Military
Spouse License Portability Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Licensing board." A professional or occupational licensing
board or commission of this Commonwealth, including:
(1) Navigation Commission for the Delaware River and its
Navigable Tributaries.
(2) State Architects Licensure Board.
(3) State Board of Accountancy.
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(4) State Board of Auctioneer Examiners.
(5) State Board of Barber Examiners.
(6) State Board of Certified Real Estate Appraisers.
(7) State Board of Chiropractic.
(8) State Board of Cosmetology.
(9) State Board of Crane Operators.
(10) State Board of Dentistry.
(11) State Board of Examiners of Nursing Home
Administrators.
(12) State Board of Funeral Directors.
(13) State Board of Landscape Architects.
(14) State Board of Massage Therapy.
(15) State Board of Medicine.
(16) State Board of Nursing.
(17) State Board of Occupational Therapy Education and
Licensure.
(18) State Board of Optometry.
(19) State Board of Osteopathic Medicine.
(20) State Board of Pharmacy.
(21) State Board of Physical Therapy.
(22) State Board of Podiatry.
(23) State Board of Psychology.
(24) State Board of Social Workers, Marriage and Family
Therapists and Professional Counselors.
(25) State Board of Examiners in Speech-Language and
Hearing.
(26) State Board of Vehicle Manufacturers, Dealers and
Salespersons.
(27) State Board of Veterinary Medicine.
(28) State Real Estate Commission.
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(29) State Registration Board for Professional
Engineers, Land Surveyors and Geologists.
"Military spouse." A person who is married to a member of
the armed forces of the United States or a reserve component of
the armed forces of the United States under the laws of the
jurisdiction where the marriage took place.
Section 3. Requirements for license.
(a) General rule.--Notwithstanding any other law, a
licensing board shall issue a license to a military spouse to
allow the military spouse to practice the military spouse's
profession or occupation in this Commonwealth if, upon
application to the licensing board, the military spouse
satisfies all of the following conditions:
(1) Holds a current license, certificate, registration
or permit from another state, and that state's requirements
are substantially equivalent to or exceed the requirements
for a license in this Commonwealth.
(2) Demonstrates competency in the profession or
occupation through methods determined by the licensing board,
including having completed continuing education units or
having experience in the profession or occupation for at
least two of the five years preceding the date of the
application under this act.
(3) Has not committed any act in any state that would
have constituted grounds for refusal, suspension or
revocation of a license to practice that profession or
occupation in this Commonwealth at the time the act was
committed.
(4) Is in good standing and has not been disciplined by
the jurisdiction that issued the license.
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(5) Pays any fees required by the licensing board from
which the applicant is seeking a license.
(b) Rights and obligations.--A military spouse who is not a
resident of this Commonwealth and who is issued a license under
this act shall have the same rights and obligations as a
resident of this Commonwealth who is issued the same type of
license.
Section 4. Provisional license.
(a) General rule.--Notwithstanding any other law, a
licensing board may issue a provisional license to a military
spouse who is licensed, certified, registered or issued a permit
in another state while the military spouse is satisfying certain
requirements, as determined by the licensing board, for a
license in this Commonwealth under section 3.
(b) Limited period.--A military spouse may practice under a
provisional license issued under subsection (a) until any of the
following occurs:
(1) A license is granted or denied by the licensing
board under section 3.
(2) The provisional license expires.
(3) The holder of a provisional license fails to comply
with its terms.
Section 5. Alternative procedure for licensure.
This act may not prohibit a military spouse from proceeding
under other licensure requirements established by a licensing
board.
Section 6. Rules and regulations.
A licensing board may adopt rules or regulations necessary to
implement this act.
Section 7. Effective date.
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This act shall take effect in 60 days.
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